A confusing story made headlines this past December. The story of how a young attorney in Atlanta went missing and was reported deceased days later.
According to reports, he was cited for driving the wrong way down I-285 before his vehicle was struck head-on by another car in Clayton County. He was then transported to a local hospital with what were reported as minor and non-life threatening injuries. However, just hours later, the man died in the hospital. At this point, the family had not been notified, and the man had been reported as missing. It took many days for investigators to locate his family members to notify them of his death.
His friends disclosed that he had been out in East Atlanta Village the night before. As a Georgia DUI Lawyer, it is quite possible that driving under the influence was a factor in this case. No details have been released as to that affect, but I will outline the law behind DUI in Georgia in today's post regardless.
Driving Under the Influence in Georgia
DUI in Georgia is defined in O.C.G.A. §40-6-391 as:
Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
Practice Note
As stated earlier, the cause of the young attorney's alleged driving the wrong way on I-285 is unknown. However, the majority of the time, people believe that most major traffic violations result from driving under the influence. As a Georgia DUI firm, we understand that that is not always the case. We also understand that just because a driver has been accused of DUI does not mean that he or she is guilty of DUI.
Call our offices today if you or a loved one has been arrested.
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